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Union of India - Section

Section 71 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

71. Determination of the amount of family pension and gratuity where service records are incomplete.

- If in any particular case, the service book has not been maintained properly despite the orders on the subject, and it is not possible for the Head of office to accept the unverified portion of service as verified on the basis of entries in the service book, the Head of office shall not proceed with the verification of the entire spell of service. The verification of service in such a case shall be confined to the following spells of service :
(a)For the purpose of family pension :
(i)If the deceased employee on the date of death had rendered more than one year of service, but less than seven years of service, and emoluments for the last year of service shall be verified and accepted by the Head of office and the amount of Family Pension determined under sub-regulation (1) and sub-regulation (2) of Regulation 49.
(ii)If the deceased employee on the date of his death had rendered more than seven years of service, the service for the last seven years and emoluments for service rendered in the last year shall be verified and accepted by the Head of Office and the amount of family pension and the period for which it is payable shall be determined in accordance with the provisions of sub-regulation (3) of Regulation 49.
(iii)If the deceased employee at the time of death had rendered more than seven years of service and the service of last seven years is not capable of being verified and accepted by the Head of Office but the service rendered during the last year is capable of being verified and accepted, the Head of Office, pending the verification of service for seven years, shall calculate the amount of family pension in accordance with the provisions of sub-regulation (1) and sub-regulation (2) of Regulation 49.
(iv)The service for the last seven years shall be verified and accepted within the next two months and the amount of family pension at the enhanced rate and the period for which it is payable shall be determined in accordance with the provisions of sub-regulation (3) of Regulation 49.
(v)The determination of the amount of family pension in accordance with the provisions of sub-clauses (i), (ii) and (iii) shall be done within one month of the receipt of intimation of the date of death of the employee.
(b)For the purpose of death-cum-retirement gratuity:
(i)If the deceased employee had, on the date of his death rendered more than five years of qualifying service but less than twenty four years of qualifying service, and the spell of Last five years service has been verified and accepted by the head of office under clause (a) the amount of death-cum-retirement gratuity shall be equal to 12 times of his emoluments as indicated in clause (b) of sub-regulation (1) of Regulation 44. Where the verified and accepted service is less than 5 years of qualifying service, the amount of death-cum-retirement gratuity shall be the amount as indicated in sub-regulation (3) of Regulation 44.
(ii)If the deceased employee had rendered more than twenty four years of service and the entire service is not capable of being verified and accepted, but the service for the last five years has been verified and accepted under sub-clause (i), the family of the deceased employee shall be allowed, on provisional basis, the death-cum-retirement gratuity equal to 12 times of the emoluments. Final amount of the gratuity shall be determined by Director (Administration) on the acceptance and verification of the entire spell of service which shall be done by the Head of Office within a period of 6 months from the date of which the authority' for the payment of provisional gratuity was issued.
The balance, if any, becoming payable as a result of determination of the final amount of death-cum-retirement gratuity shall then be authorised to the beneficiaries.